Cybercrime across the Taiwan Strait : regulatory responses and crime prevention

Abstract

This thesis contributes to our understanding of the nature and extent of cybercrime in and between Republic of China (Taiwan) and People's Republic of China (China). Guided by Routine Activity Theory, it explores the viability of regulatory responses to cybercrime. It seeks to assist cybercrime prevention across the Taiwan Strait.

Through secondary data analysis and qualitative interviews, the thesis finds a high volume of malicious computer activity in Taiwan and China. Language and culture both play an important role in facilitating these malicious activities. Of all these activities, the establishment of the bot-net is identified as the most serious. Because of the structured character of bot-nets and the damage they cause, cybercrime facilitated through bot-nets can be defined as cyber-organised crime. This is the case even though it does not fit the definition of organised crime found in the United Nations Convention Against Transnational Organised Crime, which requires that there must be . three or more people involved in the crime.

Regarding legal responses, the thesis compares the legal responses of Taiwan and China with responses recommended by the Council of Europe's Convention on Cybercrime. Although neither Taiwan nor China is a signatory to the Convention (each has different reasons for not signing), the thesis finds that their responses to cybercrime are quite similar. Indeed, dual-criminality is not a concern between Taiwan and China. However, the lack of sufficient law enforcement officers capable of investigating, prosecuting and sentencing poses a significant challenge in both states. One solution might be to consider thoroughly the advantages and disadvantages of allowing investigators to use Trojan horses and spyware as new effective tools to investigate cybercrime.

The research finds that current legal responses to cybercrime between Taiwan and China have achieved little. Although dual-criminality is not a concern, obstacles imposed by the special political situation mean that there is a lack of official cooperation between the two governments. Third party cooperation and informal police-to-police relationships can play some role in the absence of official cooperation. However, the utility of these is still limited by the political situation. Therefore, the thesis argues that, currently, there is no capable guardian existing between Taiwan and China to help combat cybercrime across the Taiwan Strait.

This thesis argues that there is an urgent need to establish a feasible pre-warning system, and to make potential targets less vulnerable. A voluntary reporting approach is identified, using positive incentives and praise to encourage victims to report information security incidents affecting them. Information security companies can be used as gatekeepers to help victims to report malicious computer incidents. The potential of pluralist regulatory pyramid of supports and sanctions to guard against cybercrime is explored. Most importantly, this research argues that the public image of victims of information insecurity needs to change from negative to positive. The media should be encouraged to report more on the positive side of the victims who have disclosed incidents affecting them.